In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholar Usha Ramanathan describes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.

Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the # BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Wednesday, August 6, 2014

5757 - Aadhaar In Its Present Form Has No Welfare Elements Attached To It Whatsoever But Is An E-Surveillance Project


Aadhaar Project was visualised as a public good project but it ended up being a project that is violating various Constitutional and Statutory Provisions. The Constitutional Validity of the Aadhaar Project has been questioned before the Supreme Court of India. 

In another related case, the Supreme Court of India has held that the Aadhaar cannot be made compulsory for availing Public Services. Similarly, the Supreme Court has also restrained UIDAI from transferring any Biometric Information of any person who has been allotted the Aadhaar number to any other Agency without his consent in writing (PDF).

Just like Congress Government even the BJP Government has declared that it would bring and ensure a Legal Framework for Aadhaar. However, till the writing of this Article, no news about a Legal Framework for Aadhaar is available. As a result the position on the date is that Aadhaar is operating without any Legal Framework and Parliamentary Oversight.

Aadhaar Project in its “Current Form” is suffering from many “Illegalities and Infirmities”. For instance:

(1) Aadhaar has been made “Mandatory and Exclusive” for availing many Public Services in India despite Supreme Court’s Interim Order and Constitutional Prohibitions.

(2) Aadhaar Project is not supported by any Legal Framework and is not subject to “Parliamentary Oversight”.

(3) Aadhaar Project is violating various “Civil Liberties” like Privacy Rights of Indians.

(4) Aadhaar Project is “Grossly Weak” on the fronts of Cyber Security and Data Security.

(5) Aadhaar is not “Full Proof and Tamper Proof” and it can be “Obtained Illegally” and in Wrong Name.

(6) The “Authentication Mechanism” of Aadhaar Project is also faulty and in many cases gives “False Negative Alarms”.

(7) The present Practices and Methods adopted by Indian Government and its Agencies for Biometric Collection of Indians/Residents is Unconstitutional.

(8) Even “Clubbing/Merging” of Biometric Data of Aadhaar and National Population Register (NPR) has “Serious Constitutional Ramifications” and the same should not be done.

(9) Absence of Encryption Policy of India (PDF) to safeguard Biometrics Data, etc.

If we add the “Unaccountable Intelligence Related Exercises” of Indian Government, its Agencies and Foreign Partners like United States, the list is too bulky to be discussed here. Suffice is to say that the Aadhaar Project is suffering from many “Vices and Illegalities”. 

These include Civil Liberties Violations, Unconstitutional E-Surveillance Issues, Data Security and Cyber Security Issues, Compulsory Nature of Aadhaar, Unaccountable Intelligence Agencies, Foreign E-Surveillance Threats, Telecom Security Issues, Integration with Surveillance projects like NATGRID, Unconstitutional Biometrics Collections, etc.

All these aspects make the Aadhaar Project an Unconstitutional Project that was required to be Scrapped by the Modi Government. Alternatively, all these Constitutional Infirmities and Illegalities were required to be “Eliminated” by the Modi Government before allotting further funds to Aadhaar Project. 

There cannot be a “Third Option” for the Modi Government and wasting precious “Public Money” on Unconstitutional Project like Aadhaar “Can Never Be Justified” even by the Standards of the “Fancy Words and Empty Promises” made by the Congress and BJP Governments regarding Aadhaar Project.

Not only this, the entire situation has also raised “Serious Questions” about the “Real Intentions” of Indian Government vis-à-vis Aadhaar Project. The “Present Form” of Aadhaar Project and the behaviour of Indian Government regarding Civil Liberties have definitely negated the theory of Welfare Project as projected by both Congress and BJP Government. But if Aadhaar Project is not a Welfare Project what is its purpose and true nature?

In my personal opinion, Aadhaar in its present form has no Welfare Elements attached to it whatsoever but is an “Endemic E-Surveillance Project” that is operating well beyond the Constitutional Protections, Parliamentary Oversight and Judicial Scrutiny. 

The sole purpose seems to be to club the Biometric Details of Indian Citizens/resident with other “Centralised Databases” like National Intelligence Grid (NATGRID) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, Crime and Criminal Tracking Network and Systems (CCTNS) Project of India, etc. Gradually, both Biometrics and Non Biometrics based details and data would be clubbed with the DNA Databank of India that Indian Government would definitely go for in the near future.

It is for You to decide whether You wish to give Your Children a “Free and Transparent India” or You wish Your Children to be a Guinea Pig or Lab Rat for Indian E-Surveillance Projects like Aadhaar that are clearly Illegal and Unconstitutional.


This entry was posted in Uncategorized on August 3, 2014 by Praveen Dalal.